HomeMy WebLinkAboutOrdinance No. 1191 47
ORDINANCE NO. 1191
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CYPRESS, CALIFORNIA, AMENDING SECTION 3.17.240 OF
APPENDIX I OF THE CYPRESS MUNICIPAL CODE, RELATING
TO PERFORMANCE AND DEVELOPMENT STANDARDS FOR
EMERGENCY SHELTERS AND FINDING THE ACTION EXEMPT
FROM THE CALIFORNIA ENVIROMENTAL QUALITY ACT.
WHEREAS, Section 65583 of Title 7, Division 1, Chapter 3 of the Government
Code contains regulations pertaining to emergency shelters and limits a local authority's
scope of regulation upon emergency shelters; and
WHEREAS, the City Council desires to update the City's regulations so that it is
consistent with State law; and
WHEREAS, the City Council finds that the Ordinance is consistent with the goals,
policies, and objectives of the General Plan. Land Use Element Goal LU-2 is to "ensure
that new development is compatible with surrounding land uses, the circulation network,
availability of public facilities, and existing development constraints". The Ordinance is
consistent with this goal in that the performance and development standards included will
ensure compatibility with surrounding land uses. Housing Element Goal HOU-5 is to
"mitigate any potential governmental constraints to housing production and affordability".
The Ordinance furthers this goal by ensuring that the City's zoning regulations are
consistent with State laws intended to remove constraints to the development of
emergency shelters; and
WHEREAS, on November 8, 2021, the City Council held a duly noticed public
hearing and accepted public testimony and evidence.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CYPRESS DOES
ORDAIN AS FOLLOWS:
SECTION 1. The City Council hereby specifically finds that all of the facts set forth
in the above Recitals are true and correct and are incorporated herein as findings of the
City Council.
SECTION 2. Section 3.17.240 (Emergency Shelters) of Appendix I (Zoning) of the
Cypress Municipal Code is hereby amended as follows ( represents deleted
language while underline represents added language):
3.17.240 Emergency Shelters
This subsection provides standards for permanent emergency shelter facilities to provide
temporary housing for the homeless. Provisions for temporary emergency shelters
associated with disaster response are provided in section 3.17.220.B.2.a., temporary
emergency facilities.
A. A single emergency shelter for thirty (30) occupants, or a combination of multiple
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Government Code. Any larger emergency shelter shall meet the minimum
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A. Emergency shelters are allowed by right in the designated area when, on the date
that a complete application is submitted to the City, the number of existing shelter
beds is fewer than the most recent annual point-in-time count of homeless persons
residing within the city.
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B. If the demonstrated need as defined in subsection A has been met, additional
emergency shelters shall require a conditional use permit consistent with section
4.19.070 of the Cypress Zoning Ordinance. The determination required by this
subsection shall occur on the date the operator submits a complete application to
the City.
BC. Stays at the facility shall be on a first-come first-served basis with clients only on-
site and admitted to the facility between 6:00 p.m. and 8:00 a.m. during Pacific
Daylight Time and 5:00 p.m. and 8:00 a.m. during Pacific Standard Time. Clients •MR%
must vacate the facility by 8:00 a.m. _ _ - - _ _ _ _ _ - -_ _ __ _ _ - - •
night.
OD. Maximum stay at the facility shall not exceed one hundred eighty twenty(180 420)
days in a three hundred sixty-five (365)-day period.
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E. A minimum distance of five three hundred (500300) feet shall be maintained from
any other emergency shelter, as measured from the property line.
F. A minimum of one staff member per fifteen (15) beds shall be awake and on duty
when the facility is open.
#G. Exterior lighting shall be provided for the entire outdoor area of the site.
IH. A waiting area shall be provided which contains a minimum of ten (10) square feet
per bed provided at the facility. Said waiting area shall be in a location not adjacent
to the public right-of-way, shall be visually separated from public view by minimum OMB
six(6)-foot tall visually screening mature landscaping or a minimum six(6)-foot tall
decorative masonry wall, and shall provide consideration for shade/rain provisions. ama
I. Security personnel shall be provided during operational hours whenever clients
are on-site or waiting outside the facility.
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14J. Facility improvements shall comply with the Cypress Municipal Code and the most
current adopted Building and Safety Code., specific to the establishment of
1. A minimum of one (1) toilet for every eight (8) beds per gender.
LK. Aa-operational security plan shall be provided for the review and approval of the
community development director. _ _ - _ e : z_-• :e _' _ _ -_ - _ _ _ _ _
' ==e — - - -- - - - - -- - . The security plan shalladdress on-site
and off-site security needs, including loiterinq control, the management of exterior
areas, and the system for daily admittance and discharge procedures. The
approved operational plan shall remain active throughout the life of the
facility. A - •••- - - •, -- - - - - -- - • - - • - - - - - - - - - - --
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5. Communication and outreach with objectives to maintain good
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8. Litter control. With an objective to provide for the timely removal of litter
ML. The facility may provide the following services in a designated area separate
from sleeping areas:
1. A recreation area either inside or outside the shelter.
2. A counseling center for job placement, educational, health care, legal, or
mental health services.
3. Laundry facilities to serve the number of clients at the shelter.
4. Kitchen for the preparation of meals.
5. Dining hall.
6. Client storage area (i.e., for the overnight storage of bicycles and personal
items).
7. Or similar services geared to homeless clients.
NM. An emergency shelter facility shall provide the off-street parking based upon
demonstrated need of shelter staff, subject to the review and approval of the
Planning Director. The required parkinq shall not exceed parking requirements for
other residential or commercial uses within the same zone. at the ratio of one (1)
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children, plus one (1) per staff member.
SECTION 3. CEQA. In accordance with Section 15061(b)(3) of the California
Environmental Quality Act (CEQA) Guidelines, adoption of this ordinance is exempt in
that it can be seen with certainty that there is no possibility that the ordinance may have
a significant effect on the environment. The adoption of the proposed ordinance is
covered by the general rule that CEQA applies only to projects that have the potential for
causing a significant effect on the environment. The ordinance is limited to establishing
performance and development standards for emergency shelters within the City which
are already a permitted use. The performance and development modifications are to align
the City's emergency shelter provisions with State law. No new construction is proposed.
SECTION 4. Severability. Should any provision of this Ordinance, or its application
to any person or circumstance, be determined by a court of competent jurisdiction to be
unlawful, unenforceable or otherwise void, that determination shall have no effect on any
other provision of this Ordinance or the application of this Ordinance to any other person
or circumstance and, to that end, the provisions hereof are severable. The City Council
of the City of Cypress declares that it would have adopted all the provisions of this
Ordinance that remain valid if any provisions of this Ordinance are declared invalid.
SECTION 5. Effective date. This Ordinance shall become effective 30 days from
its adoption.
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SECTION 6. Certification. The Mayor shall sign and the City Clerk shall certify to
the passage and adoption of this Ordinance and shall cause the same to be published
and posted pursuant to the provisions of law in that regard.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Cypress at a
regular meeting held on the 22nd day of November, 2021.
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MA • OF 1H CITY OF CYPRESS
ATTEST:
CIT LER OF THE CITY OF CYPRESS
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss
I, ALISHA FARNELL, City Clerk of the City of Cypress, DO HEREBY CERTIFY that
the foregoing Ordinance was duly adopted at a regular meeting of said City Council held on
the 22nd day of November, 2021, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Hertz, Marquez, Minikus, Morales and Peat
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
UVIN���.0
VALERK OF THE CITY OF CYPRESS